How does pending litigation affect the USPTO’s determination in a supplemental examination proceeding?
According to MPEP 2816, pending litigation does not directly affect the USPTO’s determination in a supplemental examination proceeding. The MPEP states: “In view of the statutory mandate to make the determination on the request within three months, the determination on the request based on the record before the examiner will be made without awaiting a…
Read MoreCan the Board suspend consideration of an appeal?
Yes, the Patent Trial and Appeal Board can suspend consideration of an appeal under certain circumstances. According to MPEP 1213: On occasion, the Board has refused to consider an appeal until after the conclusion of a pending civil action or appeal to the Court of Appeals for the Federal Circuit involving issues identical with and/or…
Read MoreWhat happens to pending litigation when a patent is reissued?
What happens to pending litigation when a patent is reissued? When a patent is reissued while litigation is pending, the following typically occurs: The original patent is surrendered and can no longer be enforced. Pending litigation based on the original patent must be dismissed or amended. New litigation may be filed based on the reissue…
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